US v. McCalister, No. 09-5101 - U.S. Tenth Circuit
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US v. McCalister, No. 09-5101

US v. McCalister, No. 09-5101, involved a drug conspiracy prosecution.  The court of appeals affirmed the denial of defendant's motion for relief from judgment filed under Federal Rule of Civil Procedure 60(b), holding that Fed. R. Civ. P. 60(b) is not available to challenge a previous denial of an 18 U.S.C. section 3582(c) motion.

As the court wrote:  "Michael L. McCalister appeals the district court's denial of his motion for relief from judgment filed under Federal Rule of Civil Procedure 60(b). Exercising jurisdiction pursuant to 28 U.S.C. § 1291, this court affirms the district court's denial of McCalister's Rule 60(b) motion. In so doing, we make clear that the resolution of an 18 U.S.C. § 3582(c) motion for reduction of sentence cannot be challenged under the Federal Rules of Civil Procedure because a § 3582(c) motion is a criminal proceeding."

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